Legal Opinion
Platt v. Storer
New York Supreme Court
Decided February 15, 1810PublishedCited by 3 opinions
IN error, on certiorari. After the jury, before the justice, came into court with their verdict, the plaintiff withdrew, and did not again appear. The justice proceeded to take the verdict, which was for the defendant, and gave judgment accordingly.
1Per curiam
The plaintiff has a right to withdraw, and submit to a nonsuit; and if he does, the verdict ought not to be received. It is as reasonable that a plaintiff should have this privilege in a justice’s court, as in any other ; for the verdict and judgment are equally a bar to a new suit in'that court. The judgment below must be reversed.
Judgment reversed.
2Cited by3 opinions
- Gerrish v. PrattSupreme Court of Minnesota · 1861
- McEachron v. RandlesNew York Supreme Court · 1861
- Gillilan v. SprattNew York Court of Common Pleas · 1871